In such a case, the new construction requirements apply except where the responsible entity can demonstrate that it is structurally impracticable to meet those requirements....
Search Results "Private Entity"
2010 ADA Definition
Private Entity: Private entity means a person or entity other than a public entity.
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Exception Based on Structural Impracticability in DOJ’s 2010 ADA Standards and DOT's ADA Regulations
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Multiple chemical sensitivities. (Section-by-Section Analysis)
When a person has this type of disability, a covered entity may have to make reasonable modifications in its policies and practices for that person....
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II-3.4200 Relationship to "program accessibility" requirement.
Public entities should make every effort to ensure that alternative methods of providing program access do not result in unnecessary segregation....
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11B-233.3.4 Alterations
compliance with Sections 11B-809.2, 11B-809.3, or 11B-809.4 is technically infeasible, or where it is technically infeasible to provide an accessible route to a residential dwelling unit, the entity...
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3. Primary Consideration: Who Chooses the Auxiliary Aid or Service?
that person to request the auxiliary aids and services of their choice, and you must give primary consideration to the individual’s choice.6 “Primary consideration” means that the public entity...
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Introduction
This requirement extends not only to physical access at government facilities, programs, and events — but also to policy changes that governmental entities must make to ensure that all people...
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Purchase of multiple tickets. (Section-by-Section Analysis)
There are various ways that covered entities can accommodate groups that require at least one wheelchair space. ...
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PARTIES
Presently, and at all times relevant to this complaint, Defendant City of Seattle has been a public entity within the meaning of Title II of the ADA and has received federal financial assistance...
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Disability
The phrase is regarded as having an impairment means- (i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public entity...
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4. What evidence may a person with a disability rely on to establish that an integrated setting is appropriate for him or her?
As the Department has previously stated, a reasonable, objective assessment by a public entity’s treating professional is one, but only one, such avenue.27 For example, a vocational rehabilitation...
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II-7.1100 Primary consideration
When an auxiliary aid or service is required, the public entity must provide an opportunity for individuals with disabilities to request the auxiliary aids and services of their choice and...
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4. Maintenance Policies
A public entity's maintenance obligation is set forth in 28 C.F.R. § 35.133, which provides that public entities "shall maintain in operable working condition those features of facilities...
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Capacity Constraints
Operational problems outside the control of the entity do not count as part of a pattern or practice under this provision....
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Side reach (Section-by-Section Analysis)
These commenters also pointed out that the ICC/ANSI A117.1 Standard, which is a private sector model accessibility standard, has included a 48-inch maximum high side-reach requirement since...
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Side reach (Section-by-Section Analysis)
These commenters also pointed out that the ICC/ANSI A117.1 Standard, which is a private sector model accessibility standard, has included a 48-inch maximum high side-reach requirement since...
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I. RECITALS
as defined below) undertook extensive discovery and engaged in extensive discussions regarding a potential resolution and settlement of the alleged claims, including in mediation before private...
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SECTION 504 OF THE REHABILITATION ACT OF 1973 POLICY INTERPRETATION NO. 4
Coverage: This policy interpretation applies to any public or private institution, person, or other entity that receives or benefits from HEW financial assistance....
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I. The Disabilities Convention and U.S. Disability Rights Law
Small employers (under 15 employees) are exempted from all requirements as are churches, other religious entities, and purely private clubs....
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1.9.1 Division of the State Architect - Access Compliance.
., Part 36), and (2) Title II (Public Entities), Section 35.151 (New Construction and Alterations) (see 28 C.F.R., Part 35) both from the Americans with Disabilities Act of 1990, 2004 Americans...
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1.9.1 Division of the State Architect - Access Compliance.
., Part 36), and (2) Title II (Public Entities), Section 35.151 (New Construction and Alterations) (see 28 C.F.R., Part 35) both from the Americans with Disabilities Act of 1990, 2004 Americans...
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Designed and Constructed for First Occupancy (Preamble, Section-by-Section Analysis)
The Department chose instead the date on which a complete permit application is certified as received by the appropriate government entity....
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3. Alternative Regulatory Approaches: Automated Announcement Systems
available information and considerations – such as analyzing NTD annual data – to tailor a VOMS threshold that reduces the burden of the automated announcement systems requirement on small entities...
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Designed and Constructed for First Occupancy (Section-By-Section Analysis and Response to Comments)
The Department chose instead the date on which a complete permit application is certified as received by the appropriate government entity....
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Program requirements. (Section-by-Section Analysis)
In light of the Supreme Court's decision in Yeskey and the requirements of title II, however, it is critical that public entities provide these opportunities to inmates with disabilities...